FAQ
Backup Offers in Washington Explained
A backup offer is a fully negotiated purchase agreement behind an existing pending sale. It gives a serious buyer a place in line if the first transaction fails.
How Form 38A works
NWMLS Form 38A, the Back-Up Addendum, attaches to an otherwise complete offer. The agreement is binding when signed, but performance depends on the first agreement terminating.
When notice elevates the backup to first position, inspection, financing, and closing timelines generally begin from that notice, rather than original signing.
When a backup makes sense
Pending sales can fail on inspection, financing, or sale contingencies. A backup on a home the buyer genuinely wants can be a low-cost way to stay positioned without chasing the market.
It is not useful as an emotional consolation prize or at terms the buyer offered only under bidding pressure.
Terms to watch
Clarify earnest-money timing, the delivery of first-position notice, and when each buyer deadline begins. A backup written carelessly can leave a buyer committed to outdated terms.
Sources: NWMLS Form 38A. This is general information, not legal advice.
Next Steps for Buyers
Common Buyer Questions
What is a backup offer in Washington?
A backup offer is a fully negotiated purchase agreement attached to NWMLS Form 38A that sits behind an existing pending sale. If the first agreement terminates, the backup buyer moves into first position without the home returning to market.
Can a backup buyer keep looking at other homes?
Generally yes. Under the Form 38A structure the backup buyer typically retains the right to withdraw by notice before being elevated to first position, so a backup rarely locks a buyer out of pursuing alternatives.
Do backup offers ever actually win?
Yes. Pending sales fail regularly on inspection, financing, and sale contingencies. A backup on a home the buyer genuinely wants costs little and occasionally converts, with the buyer's contingency timelines generally starting when they are notified of first position.